Legal Question in Landlord & Tenant Law in California

My adult daughter will not leave my home.

I let my 23 year old daughter move in with me since she didn't have a place to go. Sadly this has not worked out she has been verbally abusive, not helping with rent, using marijuana, etc. I have tried to talk to her and tell her she has to leave if she can't respect me, help out with the rent and clean up after herself. She refuses to leave my home, says I have to give her a 30 day notice. She has threatened me with burning my moblie home down and flating my tires, anything, she said that she could do to make my life miserable if I tried to force her to move. What are my options according to the law? I want her out! Thank you


Asked on 11/19/03, 12:42 am

1 Answer from Attorneys

Wayne Wisong Wayne Wisong, Attorney at Law

Re: My adult daughter will not leave my home.

She may have an argument that she is your subtenant. If she is a subtenant, she is entitled to 30 days notice if she has lived there less than a year, and 60 days notice if more. But, I notice you said she is "not helping out with the rent". I interpret this as an understanding or agreement between you that she would pay part of the rent. If she isn't doing it, you could give her a three day notice to pay up or quit, and if she is still there after that, you could file to evict her for non-payment of rent, instead of a 30 (or 60) day notice. Because of the serious threat of arson to the home, possibly with you in it, this could probably also qualify as a domestic violence situation, and you could see a lawyer and fairly quickly get a domestic violence protective order requiring her to leave immediately pending a hearing. You could also have an argument that she is merely a guest who won't leave, and not a tentant, and could send her an overnight letter telling her to leave immediately or she will thereafter be considered a trespasser. Then, next time she's gone, put all her stuff outside and tell her to leave or you'll call the police and report her for trespassing or attempted trespassing if she won't leave. You could even try calling the police after she receives the letter if she still refuses, but, because it is mother/daughter, I doubt they will do anything. But, if they find all of her stuff piled up outside, there is a better chance they will insist she leaves or face arrest.

So, there is actually a number of options available to you.

I practice mainly in Georgia, but am also a member of the California Bar since 1979.

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Answered on 11/25/03, 1:03 pm


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